Jury Consulting Ouija Board – Serious Irregularity It had been suggested that during their overnight stay in a hotel after retiring to consider their verdict, some of the jurors had consultated an ouija board to consult with the deceased, and to ask him who had been his killer. Having believed that contact had been made, … Continue reading Regina v Young (Stephen): CACD 30 Dec 1994
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent of disclosure required to amount to an offence. Held: There was no place for … Continue reading HM Attorney General v Seckerson and Times Newspapers Ltd: Admn 13 May 2009
In matrimonial proceedings, Mr L had defied a court order to pay redundancy and other money due to him into a solicitors’ joint account upon receipt, pending further order. Mr L received andpound;30,000, paid all the money into his own account, withdrew andpound;24,000, and claimed to have gambled that sum away. He was sentenced to … Continue reading Lightfoot v Lightfoot: CA 1989
Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975
No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior … Continue reading AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009
There had been, over some years, ‘saturation coverage’ of the relationship between a television personality and her boyfriend. Disclosures were made about his violence and his previous convictions. He came to be arrested and charged with a serious assault. Some newspapers published articles about the alleged incident. He successfully applied for the proceedings to be … Continue reading Attorney General v MGN Limited: CA 1997
The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001
Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
Police defendants not to have addresses withheld The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected. Held: The appeal failed. The burden was on the claimants to establish … Continue reading Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court: Admn 8 Jun 2010
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
When sentencing for harassment, the court must look to previous failures to obey court orders, the defendant’s mental health, and his readiness to undergo treatment, as well as the seriousness of the conduct constituting the harassment. ‘For a . .
Complaint was made that defendant newspapers were to publish confidential medical records of doctors suffering Aids. An injunction was sought to prevent use of records given to a journalist by a hospital employee. The records related to doctors in . .
Challenge to a decision to discharge a reporting restriction order made under s.11 Contempt of Court Act 1981 that prohibited publication of the claimant’s address. . .
Whether the Crown Court was wrong in law to discharge a reporting restriction order prohibiting the reporting of the appellant’s home address in connection with criminal proceedings. . .
Leggatt LJ said that counsel for the Attorney General was correct when he submitted that: ‘It does not follow that because a risk had been created by the broadcast, further publication in newspapers would not create fresh and added risk of . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The court was asked whether disclosure should be ordered in the context of the statutory privilege which was created by s.10 of the 1981 Act. The publisher defendant had deposed that it would justify the material. At trial, however, the defence of . .
References: [2001] 2 SCR 344, 200 DLR (4th) 577, 155 CCC (3d) 97, 2001 SCC 42 Links: Vcanlii Coram: Arbour J (Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, … Continue reading Regina v Pan; 29 Jun 2001
References: [1981] 2 Lloyds Rep 595 Coram: Brandon LJ While the general rule is that a Court will not hear an application for his own benefit by a person in contempt unless and until he has first purged his contempt, there is an established exception to that general rule where the purpose of the application … Continue reading The ‘Messiniaki Tolmi’: 1981
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Wrongful Transmission of Distanced Hearing In a defamation case, the solicitors representing one party had live streamed a video of a defamation trial to several individuals outside the jurisdiction without the Court’s permission. The trial took place during the Coronavirus pandemic, and conducted at a distance. There had been discussions between the judge and solicitors … Continue reading Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020
In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010
The BBC sought leave to appeal against an order following the conviction by a jury of the defendant on drugs charges and his pleas of guilty on the counts of various types of fraudulent activity. The judge’s order, made under section 4(2) of the Contempt of Court Act 1981 prohibited the reporting of any of … Continue reading Lees, Regina v: CANI 6 Apr 2001
Claim in defamation, misuse of private information and harassment against the three defendants – allegation f rape and sexual assault – two applications: i) An application by the first and second defendants by which they seek to lift their own anonymity as defendants in these proceedings; and ii) An application by the claimant for a … Continue reading CWD v Nevitt and Others: QBD 21 May 2020
Judges: Lady Justice Andrews and Mr Justice Cavanagh Citations: [2022] EWHC 2832 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Contempt of Court Updated: 17 November 2022; Ref: scu.682832
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
In breach of a court order and reminders from the CPS the defendant newspapers published material severely critical of the defendant in a notorious murder trial after the jury had retired but before they returned all their verdicts. A retrial had been required. Held: ‘ this material went way beyond what the jury had been … Continue reading HM Attorney General v Associated Newspapers Ltd and Another: Admn 18 Jul 2012
The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the … Continue reading Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008
The claimant sought a privacy order after being accused of historical serious sexual offences against children. Held: The judge had properly acted within the range of his discretion, and the appeal was dismissed. The judgment would however remain anonymised until the outcome of an appeal to the Supreme Court.Sharp LJ acknowledged ‘a growing recognition that … Continue reading PNM v Times Newspapers Ltd and Others: CA 1 Aug 2014
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
The defendants were to face trial alleging that whilst serving in Afghanistan, they had committed murder. They had been granted anonymity, but that order was ordered to be lifted. They sought leave to appeal. Held: The application was rejected. A Courts-Martial Appeal Court does not have a jurisdiction to hear an application for leave to … Continue reading In re Marines A and Others; Guardian News and Media and Other Media v Judge Advocate General: CACD 17 Dec 2013
The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name … Continue reading A v The Secretary of State for The Home Department: SCS 17 May 2013
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
The trial judge had directed his jury at a criminal trial: ‘You will make your decision about this case based solely upon the evidence which you hear during this trial, in this courtroom and upon nothing else. Most of us these days have access to the internet, it contains lots of fascinating information, some of … Continue reading Attorney General v Fraill and Another: Admn 16 Jun 2011
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court. Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have … Continue reading JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011
The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in … Continue reading BBC, Petitioners: HCJ 11 Apr 2000
Judges: Tugendhat J Citations: [2007] EWHC 997 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Cited by: See Also – Adelson and Another v Associated Newspapers QBD 19-Feb-2008 Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game … Continue reading Adelson and Another v Associated Newspapers Ltd: QBD 1 May 2007
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but not his name. Held: The claim should be struck out. The existing articles … Continue reading Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in this action sought additional damages under section 97. Held: Where the underlying infringement is established … Continue reading Phonographic Performance Ltd v Reader: ChD 22 Mar 2005
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The defendant had been acquitted. The Director of Public prosecutions announced that new and compelling evidence had come to light and a retrial was ordered. The defendant objected that the publicity surrounding the Director’s publicity release was prejudicial to his right to a fair trial. The Director now sought an order restricting publicity around the … Continue reading In re D (Acquitted Person: Retrial): CACD 27 Feb 2006
Judges: Bean J Citations: [2010] EWHC B18 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 Jurisdiction: England and Wales Media, Contempt of Court Updated: 22 August 2022; Ref: scu.421271
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
The complainant has requested information regarding applications for contempt against media organisations under the Contempt of Court Act 1981. The Attorney General’s Office applied section 12. The complainant did not complain about the application of section 12, but did complain that the Attorney General’s Office had not provided him with enough advice and assistance under … Continue reading Attorney Generals Office (Central Government): ICO 20 Oct 2015
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
Their client had been found in contempt and sentenced to imprisonment. The solicitors were now subject to an application for disclosure of further details of how they contacted their client. The court considered the jurisdiction of the court to make such an order and how it might affect legal privilege. The respondent solicitors were Addleshaw … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 15 May 2012
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
‘This case concerns the exercise of the extensive powers under Schedule 7 to the Terrorism Act 2000 and the detention of material in the possession of a person assisting a journalist and possibly identifying journalistic sources. The protection of journalistic sources has been stated to be of vital importance to press freedom, both in our … Continue reading Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 23 Aug 2013
A member of the jury wrote to the judge saying that other members were failing to discharge their duties properly. Smith took a tactical decision not to seek a retrial. The judge saw counsel in chambers, after which the jury were reminded of their duties and left to their verdicts. The appellants said that steps … Continue reading Regina v Smith, Regina v Mercieca: HL 16 Feb 2005
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered … Continue reading Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004
The claimant sought an order for the committal of the respondent for contempt in having breached an order to restrict their naming of a footballer arrested on allegations of serious sexual assaults. The claim had not gone forward. Held: ‘ . . when, uniquely, the respondents published in a national newspaper, with a readership of … Continue reading HM Attorney General v Express Newspapers: Admn 25 Nov 2004
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006
A long hearing was to be interrupted by the long vacation. The Bank sought an order to restrict publication of the part evidence given by one witness until his evidence had been concluded. Held: Though the witness was only such and not a party, he had been centrally involved in the activities about which complaint … Continue reading Three Rivers District Council and others v The Bank of England: CA 14 Jul 2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
Application for injunction to restrain former employees now in competition from urging present employees to break their contracts. Citations: [2008] EWCA Civ 596 Links: Bailii Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Torts – Other, Employment Updated: 11 June 2022; Ref: scu.270527
The purpose of orders under the section is to deal with reports of proceedings which are fair and accurate, but which should nonetheless be postponed, not with other material the publication of which might constitute a contempt of Court. Judges: Lord Justice General Citations: [2000] ScotHC 86, 2001 SLT 465 Links: Bailii Statutes: Contempt of … Continue reading Scarsbrook or Galbraith v Her Majesty’s Advocate: HCJ 7 Sep 2000
The BBC sought relief from an order restricting the naming of parties in a forthcoming trial. Judges: Lord Justice General Citations: [2001] ScotHC 23 Links: Bailii Statutes: Contempt of Court Act 1981 4(1) Scotland, Contempt of Court Updated: 04 June 2022; Ref: scu.164685
When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001
The defendants appealed against their convictions for conspiracy in have combined to put into the human food chain poultry meat which had been condemned as unfit. The jury after retiremen had indicated that they had reached agreement on some charges, but wanted guidance on the rest. They were called into court and gave verdicts which … Continue reading Regina v Tantram; Regina v Bibby etc: CACD 24 May 2001
The requirement that a penal notice must have been endorsed upon an order before an application is made to commit the respondent for contempt, was not absolute. In exceptional and clear cases only, as here, such an order could be made, but this should be discouraged. Citations: Times 10-Mar-2000, [2000] EWCA Civ 4 Links: Bailii … Continue reading Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
The court refused to make an order for costs against a non-party though he was interested in its outcome. Lord Abinger CB said: ‘If we were at liberty to consult equity and justice, we should probably make this rule absolute. But the authority of the courts at Westminster is derived from the Queen’s writ, directing … Continue reading Hayward v Giffard And Grove: Cex 1838
The claimant had obtained injunctive relief against the defendant for patent infringement. Only twelve months of the patent remained, and the claimants applied for an extension of the injunction twelve months beyond the patent expiry, and for other injunctive relief. Held: The defendant could not begin arrangements to take advantage of the expiry of the … Continue reading Dyson Appliances Ltd v Hoover Ltd: PatC 5 Apr 2001
The respondent was a minor who had been violent within the family. He had been ordered to leave the family home, and a power of arrest had been attached. He argued that this could not apply because he was a minor. The fact that he could not be imprisoned for contempt, did not reduce the … Continue reading H v H (A Child) (Occupation Order: Power of Arrest): CA 10 Jan 2001
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be prejudicial. Media organisations now applied for the order made to be … Continue reading Sarker, Regina v: CACD 13 Jun 2018
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
Public Inquiry is not In the Course of Justice (Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police officers to be used before a public … Continue reading Regina v Metcalf, Denton, Foster: 26 May 2021
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010
FTTTx (Procedure : Hearings In Private) PROCEDURE – application for hearing in private – rule 32 of Tribunal Rules – celebrity status of the appellant – deductibility of expenses against income – principle of open justice – whether the test of necessity for derogation met – whether anonymity strictly necessary – whether confidentiality of information … Continue reading D v Revenue and Customs: FTTTx 22 Dec 2016
The applicant had been committed for ten months for contempt, being in breach of family court injunctions. He applied to be released after two months on the basis that the unserved balance of the sentence be suspended. The court held that it had the power to do this, even in the absence of any direct … Continue reading Harris v Harris; Harris v Attorney General: FD 21 May 2001
The newspaper challenged an order that the part of the defendant’s trial for rape which related to his character and history should be heard excluding the press. Held: The order stood. Clearly such an order could be made only after careful consideration, and was a metter of great sensitivity. The fact that some element might … Continue reading Times Newspapers Ltd v Abdulaziz: CACD 8 Jul 2016
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person. Held: The court was able to make the order sought against … Continue reading Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003
County Court sitting at Milton Keynes. The claimant prisoner sought damages saying that his personal property had been damaged whilst in the care of the defendant. Held: The claims succeeded in part. Some damage was deliberate. There was a history of failures by the defendant to comply with court orders in relation to the Claimant: … Continue reading Thakrar v The Secretary of State for Justice: Misc 31 Dec 2015
The newspaper and other media companies appealed from an order restricting the reporting of parts of the evidence given in a trial for an offence under the 1989 Act. The objected that the order did not serve, as required, to protect any proceedings, and that it should not be a permanent ban. Held: The order … Continue reading Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent amounting in all to US$4.4 billion, none of which had been satisfied. The bank appealed … Continue reading JSC BTA Bank v Ablyazov: SC 21 Oct 2015
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of the orders. Held: The orders should be lifted to the extent compatible with preserving the child’s interests. … Continue reading LM, Re (Reporting Restrictions; Coroner’s Inquest): FD 1 Aug 2007
The court granted an injunction to restrain the media from interviewing witnesses during the course of a criminal trial, and until all the evidence was complete. One witness would have to be recalled, and others might be recalled, and accordingly held that the proposed interviews would constitute a contempt of court pursuant to ss.1 and … Continue reading ex parte HTV Cymru (Wales) Ltd: 2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
The claimant had been arrested on allegations of serious child sex abuse. The court now considered an application for a continuation or cancellation of an interim non-disclosure order. Held: The application for a non-disclosure order was dismissed, but the case was to remain anonymised pending any appeal. The court considered the balance between the diverging … Continue reading PNM v Times Newspapers Ltd and Others: QBD 22 Oct 2013
